ESA

Charlie123 wrote: Hi,.

ESA (Cont) can be claimed three months before Statutory Sick Pay ends would I be correct?

Recovering from inpatient hospital treatment still an automatic ground for limited capability for work?
Thanks

I am afraid you cannot claim ESA while you are receiving SSP as distinct from any sick pay that your employer may be paying, you can make a new claim for ESA in advance of your SSP ending to start on the next day, you will need your employer to issue a certificate that your SSP has ended.

Hospital in-patients are considered to have Limited Capability for Work, claimants recovering from in-patient treatment can be considered to still have Limited Capability for Work, but it is not an automatic right, the Secretary of State (or their representative i.e. a Decision Maker) must be "satisfied that the claimant should be treated as having limited capability for work on that day".

Gordon

Charlie123 wrote: Thanks.

So would a letter from the consultant stating the nature of the operation be of great benefit to include with the application form? Therefore hopefully saving time etc .

I think they would need to specify the likely recovery time and the level of disability that you would have during that time.

You would need to make it clear when you make the claim that you believe that you already have Limited Capability for Work, I would suggest an accompanying letter with a copy of your consultant's letter, you may need to chase it via the ESA hotline as they will not be used to receiving this kind of claim.

Gordon

Charlie123 wrote: Thanks.

It's a major operation. The consultant will be fine providing a letter as he deals with it a lot due to the nature of his work.

Printed off the ESA application and awaiting the certificate from employer, consultant letter and a sick line from GP.

Is this sort of claim not routine?

Thanks

It should be but the vast majority of ESA claims do not involve a claimant arguing that they have LCW from the outset, this is usually only determined after a assessment has taken place.

Hopefully the DWP will process it without delay, but experience with them suggests that if they can screw it up, they will!

Gordon